On Due Process Principle And Judicial Review

Due process was produced in the UK, derived from natural justice principle. Its mission is to restrict the public power, guarantee civil rights, and avoid abusing of power which was caused by infringing others. But, the application of the principle of due process must rely on judicial review and the judicial review is related with judicial power of the interference of executive power. So, the problem of legitimacy of judicial review of due process has larger controversy. In Britain, there was a variety of theories trying to prove the legitimacy of judicial review system, including the unauthorized principle, common law mode and subsequent legal consensus. Once admitted its legitimacy, it is necessary to clear the contents of the principle of due process. Not only to avoid rules content not clear too hard to use but also boundary of administrative power too much intervention. The study of the principle of due process and judicial review should reference the foreign experience and the combination of our country has grown on due process of judicial cases and some of the department has to make the provisions of the laws and regulations. At present, our country judicial practice has been a lot of cases about the principle of due process, also showed many problems when apply the principle of due process. Such as the abuse of due process principle and he cognitive theory of the principle of due process. Thus, we should put forward the feasible solution, from the existing problems, and sum up the right due process principle for our country. And it is necessary to let it in the legislation, to establish its principled position.